Дело T-***/**: *****************, Съдебно решение от **.**.2019 г.

Текст

... by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2007/1001) — No distinctive character acquired by use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court)

In Case T‑226/17

Adapta Color, SL, established in Peñiscola (Spain), represented by G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Markakis, A. Söder and D. Walicka, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court, being

Coatings Foreign IP Co. LLC, established in Wilmington, Delaware (United States), represented by A. Rajendra, Solicitor, and by S. Malynicz QC,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 (Case R 2408/2015-5), relating to invalidity proceedings between Coatings Foreign IP and Adapta Color.

THE GENERAL COURT (Sixth Chamber),

composed of G. Berardis, President, D. Spielmann (Rapporteur) and Z. Csehi, Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 19 April 2017,

having regard to the response of EUIPO lodged at the Court Registry on 25 September 2017,

...